COAL INDIA SC ST EMPLOYEE ASSOCIATION vs UNION OF INDIA AND ORS.
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.05.2024
+ W.P.(C) 6031/2024 & CM APPL. 25093/2024
COAL INDIA SC ST EMPLOYEE ASSOCIATION….. Petitioner
versus
UNION OF INDIA AND ORS. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Harshit Pandey and Ms. Anjali Chauhan, Advocates
For the Respondents : Ms. Nidhi Raman (CGSC) with Mr. Zubin Singh, Advocate for R-1
Mr. P.N. Ravindran, Senior Advocate with Ms. Richa Kapoor, Mr. Kunal Anand, Ms. Shisham Pradhan, Mr. Santosh Kumar and Ms. Nidhi Rani, Advocates for R-2 and R-3
CORAM:
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-
A) Issue a writ of mandamus or any other writ or direction thereby directing the respondent to quash and set aside the selection list and promotion order dated 20/05/2023issued by Chief Manager (P)/HOD(EE) of candidates promoted from Chief Manager E-7 Grade to General Manager E-8 Grade and interview notice dated 22.01.2024,direct the respondent for collection of quantifiable data regarding inadequacy of representation of SC & ST and to implement DoPT guidelines dated 12th April 2022, also to direct the respondent to conduct interview & selection process a fresh in accordance with the law considering the adequate representation of SC and ST candidates.
B) Issue a writ of mandamus or any other writ or direction thereby directing the respondent not to conduct the further process of interview for the promotion of candidates from Chief Manager E-7 Grade to General Manager E-8 Grade till the finalization and implementation of DoPT guideline Dated 12 April 2022.
2. Learned counsel appearing for the petitioner submits that the promotion/selection from Grade E-7 (Chief Manager) to Grade E-8 (General Manager) and notice dated 24.01.2024 are being implemented without following the directions/guidelines in the DoPT O.M. dated 12.04.2022. Learned counsel refers to para 2 of the said O.M. whereby three particular conditions have been stipulated following the judgment of the Honble Supreme Court in Jarnail Singh & Others vs. Lachhmi Narain Gupta & Others Civil Appeal No. 629/2022. Learned counsel submits that the three conditions given in the said O.M., have been completely violated particularly that there has been no collection of quantifiable data regarding the inadequacy of representation of Scheduled Castes and Scheduled Tribes by the respondents, apart from a direction that the data for each cadre should be separately maintained and the third guideline being, if a roster exists, then the unit for operation of the roster would be the cadre for which quantifiable data would have to be collected and applied in regard to the filling up of the vacancies.
3. Learned counsel admits that the process for filling up the various posts including from E-7 Grade to E-8 Grade commenced vide the notice dated 24.01.2024. The petitioner is aggrieved by the non representation, according to the counsel, of the reserved category candidates, in particular of category Scheduled Castes and Scheduled Tribes in terms of the aforesaid O.M. Learned counsel submits that the members of the petitioner association are qualified to be promoted from E-7 Grade to E-8 Grade, however, he admits that he has not filed any list of petitioners at all, much less, any list to show which of the petitioners belong to such category and as to whether they are qualified for the said post.
4. Per contra, Mr. Ravindran, learned Senior Counsel appearing on advance notice on behalf of respondents no.2 and 3 draws attention of this Court to the letter dated 07.09.2023 which was a response given to the National Commission for Scheduled Tribes on the representation filed by one of the members of the petitioner association regarding non-implementation of reservation in promotion for Scheduled Tribe employees from E-7 Grade to E-8 Grade.
5. According to learned Senior Counsel, the E-8 Grade post of General Manger is a Selection Post and as such the question of reservations to such post is not a policy decision of the respondent. Learned Senior Counsel further clarifies that uptill E-7 Grade the reservations are applicable and they are being maintained as such. Therefore the petitioner cannot have any grievance. Moreover, by referring to the letter dated 07.09.2023 learned Senior Counsel demonstrates that even as in the year 2023, three officers belonging to ST Category were promoted from E-7 Grade to E-8 Grade (GM) upon the recommendations of the DPC. Thus, even on facts, learned Senior Counsel submits that the present writ fails.
6. This Court has heard the arguments of the learned counsel for the petitioner as also the learned Senior Counsel appearing for the respondents no.2 and 3.
7. At the outset it is pertinent to point that though the petitioner has filed the writ petition seeking the aforesaid prayers, however, there is no list of petitioners comprising the petitioner association filed along with the present petition. Secondly, there is no way of ascertaining as to which of those members of petitioner association would be eligible to be promoted to the post of General Manager (E-8 Grade) which is a Selection Post (Merit cum Seniority).
8. In fact, it is not disputed by the learned counsel for the petitioner that E-8 Grade is a Selection Post and an incumbent would be promoted provided that he is selected by the Selection Committee.
9. The petitioner appears to have made a representation in the year 2023 on the same grievance to the National Commission for Scheduled Tribes which sought a response from respondents no. 2 and 3. Respondents no.2 and 3 appear to have given a detailed response by way of the communication dated 07.09.2023 which is at page 67 of the present petition. To understand the situation and assess the dispute raised by the petitioner, it would be apposite to extract the said letter. The same is extracted hereunder:
No. CIL/C-5A(V)/ST Comm./1058 Date: 07.09.2023
To
The Research Officer
National Commission for Scheduled Tribes
6th Floor, B Wing Lok Nayak Bhawan
Khan Market, New Delhi-110003
Sub: Representation from Sri Milind P Dudhe, Mohamantri, WCL/Coal India SC/ST Employees Association regarding non implement of reservation in promotion for STs employees from E-7 to E-8 grade in Coal India Ltd.
Sir
This is with reference to letter No.NCST/SER-999/MCOL/9/2023-SSW dated 10.08.2023 on the subject matter enclosing therewith the representation of Sri Milind P Dudhe dated 14.6.2023 regarding reservation in promotion for ST employees from E-7 grade to E-8 grade in Coal India Ltd.
It is to bring to kind notice that the promotion from Chief Manager-E7 to General Manager-E8 grade is promotion be selection from one group A post with pay scale of 1,00,000/- to 2,60,000/- to another group A post with pay scale of 1,20,000/- to 2,80,000/-, which is done as per the CILs Guidelines for promotion of Executives from E7 to E8 grade, based on Merit cum Seniority by selection based on Interview. As such, no reservation to SC/ST officers are applicable in these promotions as per DPE OM no.6/19/89-BPE (SC/ST Cell) dated 25.4.1991, no.6/11/2004-DPE (SC/ST Cell) dated 8.11.2004 and no.6/11/2004-DPE (SC/ST Cell) dated 31.1.2014. However, it is pertinent to mention here that the promotions upto E6 grade in CIL is based on Seniority cum Merit in which reservations are being given. (copy of promotion guidelines from E7 to E8 is enclosed)
So far as the DoPT OM dated 2.7.1997, as quoted by the applicant is concerned, the said OM speaks about the rosters for promotions where reservation in promotion applies, thus it is not applicable in promotions from E7 to E8 grade which is based on merit cum seniority by selection based on Interview from one group A post with pay scale of 1,00,000/- to 2,60,000/- to another group A post with pay scale of 1,20,000/- to 2,80,000/-.
Further, it is to mention that all the promotions from one executive grade to another are done on the basis of recommendations of duly constituted Departmental Promotion Committee (DPC). In CIL, wherever reservations are given, one officer belong to SC/ST community in the rank of E8 is being nominated as one of the Members of the DPC Board.
It is to mention here that the post of E8 grade is a General Managers post i.e. one of the top managerial posts of CIL and only those candidates are promoted on selection who could make their position in the merit list. In the recent interviews for the post of General Manager-E8 grade, out of 14 Chief Managers in ST category appeared before DPC, 03 have been recommended and promoted to the post of General Manager-E8 grade.
In view of the above, it is to submit that CIL has followed all the relevant rules/policies of the Company in promoting the eligible executives from Chief Manager/E7 to General Manager/E8 grade and there is no discrimination in considering the promotions from Chief Manager/E7 grade to General Manager/E8 grade.
Hence the Honble Commission is requested to kindly take cognizance of above and be pleased to dispose the representation of Sri Milind P Dudhe.
Yours faithfully
Encl.: As above
(Surapureddi V Ravindranath)
Dy. General Manager (P/EE)
(emphasis supplied)
10. The said reply clearly covers the dispute raised by the present petitioner and the grievances raised by the petitioner in regard to the allegation that respondent nos.2 and 3 not implementing the DoPT O.M. dated 02.07.1997 and 12.04.2022. The response letter very categorically stipulates that the roster for promotion has been effected uptill the post of E-7 Grade. However, with respect to promotions from E-7 Grade to E-8 Grade, which is a post based on Selection by Merit cum Seniority, there is no reservation made available as a policy governed by Department of Public Enterprises, from nodal Ministry by respondent nos.2 and 3.
11. That apart, so far as the applicability of the roster system for the post of the promotions uptill the grade of E-7 is concerned, the letter refers to the same and clarifies that uptill that post, the reservations are applied till E-7 Grade.
12. It is also pertinent to note that on merits too, the petition would not be maintainable because the said letter also clarifies that in the interviews for the post of General Manager E-8 Grade, out of 14 Chief Managers in the ST category, who had appeared before the DPC, 03 number of incumbents have been recommended and promoted to the post of General Manager E-8 Grade, purely on merit cum selection basis though the said promotions are in respect of the promotions for the year 2023. Thus, it has been satisfactorily demonstrated that there has been no discrimination meted out against a particular category of officers, particularly belonging to SC/ST category. Even otherwise, the petition itself is bereft of any details in that regard.
13. There is nothing demonstrable by way of a document filed by the petitioner to indicate that respondents no.2 and 3 have violated the directions in the DoPT O.M. dated 12.04.2022 in respect of the collating the quantifiable data. Mere allegations without anything more would not propel this Court to enter into a roving inquiry.
14. In view of the above, finding nothing in the merits of the matter, this writ petition is dismissed along with pending applications, with no order as to costs.
TUSHAR RAO GEDELA, J
MAY 16, 2024
ns
W.P.(C) 6031/2024 Page 1 of 8